§11-229  Criminal prosecution.  (a)  Anyperson who knowingly, intentionally, or recklessly violates any provision ofthis subpart shall be guilty of a misdemeanor.  Any person who knowingly orintentionally falsifies any report required by this subpart with the intent tocircumvent the law or deceive the commission or who violates section 11-201 or11-202 shall be guilty of a class C felony.  A person charged with a class Cfelony shall not be eligible for a deferred acceptance of guilty plea or nolocontendere plea under chapter 853.  A person who is convicted under thissection shall be disqualified from holding elective public office for a periodof four years from the date of conviction.

(b)  For purposes of prosecution for violationof this subpart, the offices of the attorney general and the prosecutingattorney of the respective counties shall be deemed to have concurrentjurisdiction to be exercised as follows:

(1)  Prosecution shall commence with a written requestfrom the commission or upon the issuance of an order of the court; providedthat prosecution may commence prior to any proceeding initiated by thecommission or final determination;

(2)  In the case of state offices, parties, or issues,the attorney general or the prosecuting attorney for the city and county ofHonolulu shall prosecute any violation; and

(3)  In the case of all other offices, parties, orissues, the attorney general or the prosecuting attorney for the respectivecounty shall prosecute any violation.

In the commission's choice of prosecutingagency, it shall be guided by whether there will be any conflicting interestbetween the agency and its appointive authority.

(c)  The court shall give priority to theexpeditious processing of suits under this section.

(d)  Prosecution for violation of any provisionof this subpart shall not be commenced after five years have elapsed from thedate of the violation or date of filing of the report covering the period inwhich the violation occurred, whichever is later.

(e)  The provisions of this section shall notapply to any person who, prior to the commencement of proceedings under thissection, has paid or agreed to pay the penalties prescribed by sections11-213.5 and 11-215(c). [L 1979, c 224, pt of §2; am L 1980, c 232, §1;am L Sp 1995, c 10, §2(28); am L 1999, c 96, §11; am L 2000, c 99, §8; am L2005, c 203, §24; am L 2009, c 11, §2]

 

Case Notes

 

  When limitations period begins to run for alleged illegalcontribution.  68 H. 270, 711 P.2d 727.